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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB0050eng
625 ILCS 5/18c-7402 from Ch. 95 1/2, par. 18c-7402
Amends the Vehicle Code to require the Commerce
Commission and the Metropolitan Transit Authority to conduct
a pilot project in the Village of Fox River Grove, the site
of a fatal school bus accident at a railroad crossing, in
order to improve railroad crossing safety. Directs the
Commission to set the maximum speed limit for Metropolitan
Transit Authority trains at 50 miles per hour in the Village
of Fox River Grove. Provides that if the Authority
deliberately fails to comply with this speed limit, an entity
shall appropriately reduce or eliminate funding. Requires the
Commission and the Authority to report annually to the
Governor and General Assembly on the project.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 18c-7402.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 18c-7402 as follows:
7 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)
8 Sec. 18c-7402. Safety Requirements for Railroad
9 Operations. (1) Obstruction of Crossings. (a) Obstruction of
10 Emergency Vehicles. Every railroad shall be operated in such
11 a manner as to minimize obstruction of emergency vehicles at
12 crossings. Where such obstruction occurs and the train crew
13 is aware of the obstruction, the train crew shall immediately
14 take any action, consistent with safe operating procedure,
15 necessary to remove the obstruction. In the Chicago and St.
16 Louis switching districts, every railroad dispatcher or other
17 person responsible for the movement of railroad equipment in
18 a specific area who receives notification that railroad
19 equipment is obstructing the movement of an emergency vehicle
20 at any crossing within such area shall immediately notify the
21 train crew through use of existing communication facilities.
22 Upon notification, the train crew shall take immediate action
23 in accordance with this paragraph.
24 (b) Obstruction of Highway at Grade Crossing Prohibited.
25 It is unlawful for a rail carrier to permit any train,
26 railroad car or engine to obstruct public travel at a
27 railroad-highway grade crossing for a period in excess of 10
28 minutes, except where such train, railroad or car is
29 continuously moving or cannot be moved by reason of
30 circumstances over which the rail carrier has no reasonable
31 control. However, no employee acting under the rules or
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1 orders of the rail carrier or its supervisory personnel may
2 be prosecuted for such violations.
3 (c) Punishment for Obstruction of Grade Crossing. Any
4 rail carrier violating paragraph (b) of this subsection shall
5 be guilty of a petty offense and fined not less than $200 nor
6 more than $500 if the duration of the obstruction is in
7 excess of 10 minutes but no longer than 15 minutes. If the
8 duration of the obstruction exceeds 15 minutes the violation
9 shall be a business offense and the following fines shall be
10 imposed: if the duration of the obstruction is in excess of
11 15 minutes but no longer than 20 minutes, the fine shall be
12 $500; if the duration of the obstruction is in excess of 20
13 minutes but no longer than 25 minutes, the fine shall be
14 $700; if the duration of the obstruction is in excess of 25
15 minutes, but no longer than 30 minutes, the fine shall be
16 $900; if the duration of the obstruction is in excess of 30
17 minutes but no longer than 35 minutes, the fine shall be
18 $1,000; if the duration of the obstruction is in excess of 35
19 minutes, the fine shall be $1,000 plus an additional $500 for
20 each 5 minutes of obstruction in excess of 25 minutes of
21 obstruction.
22 (2) Other Operational Requirements.
23 (a) Bell and Whistle-Crossings. Every rail carrier shall
24 cause a bell, and a whistle or horn to be placed and kept on
25 each locomotive, and shall cause the same to be rung or
26 sounded by the engineer or fireman, at the distance of a
27 least 1,320 feet, from the place where the railroad crosses
28 or intersects any public highway, and shall be kept ringing
29 or sounding until the highway is reached; provided that at
30 crossings where the Commission shall by order direct, only
31 after a hearing has been held to determine the public is
32 reasonably and sufficiently protected, the rail carrier may
33 be excused from giving warning provided by this paragraph.
34 (b) Speed Limits. Each rail carrier shall operate its
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1 trains in compliance with speed limits set by the Commission.
2 The Commission may set train speed limits only where such
3 limits are necessitated by extraordinary circumstances
4 effecting the public safety, and shall maintain such train
5 speed limits in effect only for such time as the
6 extraordinary circumstances prevail.
7 (c) Special Speed Limit; Pilot Project. The Commission
8 and the Board of the Commuter Rail Division of the Regional
9 Transportation Authority shall conduct a pilot project in the
10 Village of Fox River Grove, the site of the fatal school bus
11 accident at a railroad crossing on October 25, 1995, in order
12 to improve railroad crossing safety. For this project, the
13 Commission is directed to set the maximum train speed limit
14 for Regional Transportation Authority trains at 50 miles per
15 hour at intersections on that portion of the intrastate rail
16 line located in the Village of Fox River Grove. If the
17 Regional Transportation Authority deliberately fails to
18 comply with this maximum speed limit, then any entity,
19 governmental or otherwise, that provides capital or
20 operational funds to the Regional Transportation Authority
21 shall appropriately reduce or eliminate that funding. The
22 Commission and the Board of the Commuter Rail Division of the
23 Regional Transportation Authority shall report annually to
24 the Governor and the General Assembly on the results of this
25 pilot project.
26 (3) Report and Investigation of Rail Accidents.
27 (a) Reports. Every rail carrier shall report to the
28 Commission, by the speediest means possible, whether
29 telephone, telegraph, or otherwise, every accident involving
30 its equipment, track, or other property which resulted in
31 loss of life to any person. In addition, such carriers shall
32 file a written report with the Commission. Reports submitted
33 under this paragraph shall be strictly confidential, shall be
34 specifically prohibited from disclosure, and shall not be
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1 admissible in any administrative or judicial proceeding
2 relating to the accidents reported.
3 (b) Investigations. The Commission may investigate all
4 railroad accidents reported to it or of which it acquires
5 knowledge independent of reports made by rail carriers, and
6 shall have the power, consistent with standards and
7 procedures established under the Federal Railroad Safety Act,
8 as amended, to enter such temporary orders as will minimize
9 the risk of future accidents pending notice, hearing, and
10 final action by the Commission.
11 (Source: P.A. 85-1144.)